On July 26, 2012, Ronald Schwenkler was riding his bicycle on Perry Park Road in Douglas County, Colorado, when a 1996 GMC truck being driven by an employee of the Douglas County School District attempted to pass Mr. Schwenkler. The side mirrors on the passenger side of the truck struck Mr. Schwenkler, knocking him off of his bicycle and onto the ground, injuring both of his shoulders and his left knee. He had surgery to his shoulders and knee. Since the truck driver was acting in the course and scope of his employment, the claim was against the Douglas County School District, a governmental entity, and capped by statute at $150,000. Mr. Schwenkler maintained an automobile insurance policy that had a $100,000 underinsurance (UIM) provision. The case settled for the collective limits of $250,000 ($150,000 from the Douglas County School District and $100,000 in UIM benefits).